MEDITAB SOFTWARE’S MOBILE PRIVACY POLICY

Welcome to Meditab Software’s App. We appreciate your interest in us and hope to make your experience beneficial and secure. Your privacy is very important to us and we will make every reasonable effort to safeguard any information we collect. This Privacy Policy is a part of and incorporated into the Terms of Use Agreement applicable to the App (“Terms of Use”), which may be amended from time to time, and any terms capitalized herein but not defined shall have the meanings assigned to such terms in the Terms of Use. By visiting or using the App, You agree to accept the practices described in this Privacy Statement. If You do not agree to the terms of this Privacy Policy, please do not use the App. Each time You use the App, You should check the date of this Privacy Policy (which appears above) and review any changes that have been made since your last visit to the App.

Personal Information / Privacy Protection Policy

Meditab Software maintains policies that protect the confidentiality of personal information, including patient information, obtained from its clients in the course of its regular business functions. Meditab Software is committed to protecting information about its customers and associates, especially the confidential nature of their Personal Information.

Meditab Software will not use or share personal information with anyone outside the company except when permitted or required by federal and state law, the Terms of Use or the applicable License Agreement. Meditab Software does/may gather the following types of information:

1. Information You may provide to us. We collect “Personal Information” that is provided by the users of our App. “Personal Information” includes any information You have provided in connection with your use of the App. Personal Information is collected when You establish an account with us, or when You communicate with us about the App.
   
   
2. Information from Your visits to the App. Through the use of cookies and “web beacons,” Meditab Software may collect and analyze the IP address used to connect Your device to the Internet; device and connection information such as operating system and platform; purchase history; record data about visits to or transactions made on the App; confirmation when You open email that we send you; and the URLs which lead You to and around the website including the date and time. We may use this data to analyze trends and statistics to improve your online experience or our customer service.
3. Location Information. This App might collect real-time information about the location of your device.

If you do not want us to collect this information You can turn off Location Services in your mobile device.

Our mobile app may request access to certain features or data from your device in order to provide services. Depending on your device’s operating system, you may be required to grant us explicit permission to access the following: 

Camera and Photos: The app may request access to your device’s camera to allow you to capture images or videos directly within the app. This access will be used only for the purpose of the app’s functionality, and no media will be collected without your permission. 

Microphone: We may request microphone access to allow you to record audio or enable voice commands within the app. You can revoke this permission at any time. 

Health Information (if applicable:  If your app interacts with health-related data or sensors (such as heart rate monitors), we will only collect and process this data with your explicit consent, in compliance with applicable laws such as HIPAA. You will be prompted to grant or deny these permissions when the app is installed or first accessed. You can also manage these permissions at any time through your device’s settings.

Mobile App Data Security

We take the security of your personal information very seriously and implement a variety of technical and organizational measures to safeguard your data. These measures include, but are not limited to:

- Encryption: All data transmitted between your device and our servers is encrypted using SSL/TLS protocols.

- Local Data Protection: Any sensitive data stored locally on your device is protected using industry-standard encryption techniques.

- Two-Factor Authentication: Where applicable, we may offer two-factor authentication for enhanced account security.

- Automatic Logouts: After a period of inactivity, the app may automatically log you out to prevent unauthorized access.

While we strive to protect your data, no system is completely secure. Please protect your account by using strong passwords and enabling available security features on your mobile device.

Meditab Software recognizes the privacy rights granted by international data protection laws. Depending on your location, you may have the following rights:

Use of Information Collected By Us: 

Meditab Software uses the information we collect in an effort to improve Your experience on the App, to provide services to You and to communicate with You about information that You request. We may also use this information to help us target specific offers to You and to help us develop and improve our App.

Sharing of Information with Third Parties: 

Meditab Software will not sell or otherwise disclose your Personal Information to unrelated third parties without Your consent, except as stated in this Privacy Policy.

Aggregated De-Identified Information:

Meditab Software may provide aggregated information related to Your Personal Information to some of our business partners. This information is used in a collective manner and does not identify You individually in any way. In addition, as set forth in the Terms of Use for the App, Meditab Software may, subject to the limitations set out in the Terms of Use, use certain de-identified PHI.

Law Enforcement and Protection of Users and the App:

Meditab Software will, to the extent permitted or required by law, disclose Personal Information to government authorities or third parties pursuant to a legal request, subpoena or other legal process. Meditab Software may also use or disclose Your information as permitted by law to perform charge verifications, apply or enforce the App’s Terms of Use, or protect Meditab Software’s rights, interests, or property as well as those of our affiliates, clients, or website users. Following disclosure to any third party, Your Personal Information may be accessible by others to the extent permitted or required by applicable law.

AGREEMENT between User (“You”) and Meditab Software India Pvt. Ltd., its affiliates, and subsidiaries (“We” or “Meditab”).

Please read the following Terms of Use (the “Terms”) carefully and completely before using Meditab’s applications, websites, pages, features, and other services (“Services”) or any services, content, information, or goods provided through or in connection with the Services provided by or on behalf of Meditab or one of its subsidiaries or affiliates.

ACCEPTANCE OF TERMS

By clicking or tapping “I agree”, “I accept”, or any other similar button or box with respect to this Agreement or by using the Services at any time, You fully accept the Terms and You expressly agree to be legally bound to them. If You do not want to be legally bound or if You do not agree with the Terms, do not use the Services. ACCESS OR USE OF THE SERVICES IS STRICTLY LIMITED TO THOSE WHO HAVE OBTAINED ACCESS CREDENTIALS (E.G., A USERNAME AND PASSWORD) FROM MEDITAB OR ITS CLIENTS AND ANY USE OF OR ACCESS TO THE SERVICES OTHER THAN IN ACCORDANCE WITH THESE TERMS IS STRICTLY PROHIBITED.

You understand and agree that We, at our sole and absolute discretion, may modify the Terms in whole or in part at any time and for any reason. You will be notified of such changes the next time you access the Services and you will be prompted to accept them in order to continue using the Services. Such modified terms shall supersede these and shall become binding once accepted. You can review the most current version of the Terms on the home page. We recommend that You check the Terms periodically. In addition to the Terms, when using a particular feature of the Services, You will be subject to any posted guidelines or rules applicable to such feature which may be posted from time to time. All such guidelines or rules are hereby incorporated by this reference into the Terms.

Your submission of information through the Services is governed by our Privacy Policy. Please, read the Privacy Policy carefully. Your use of the Services constitutes the acceptance of our Privacy Policy, which, among other things, explains how We seek to protect the privacy of the personal information that You might provide to us through the Services.

You may not transfer, assign, or sublicense any or all your rights or obligations under this Agreement without obtaining first our express written consent. Any attempted assignment without such consent is void. We may transfer, assign, or sublicense any or all our rights or obligations under this Agreement without restriction and without your previous authorization.

OVERVIEW OF SERVICES

You are provided with access to certain online content and resources through the Services. Any changes in the Services, including the release of new products or services, shall be subject to these Terms unless otherwise stated. You understand and agree that the Services and any information contained therein are provided "AS-IS" and that We assume no liability for the timeliness, correction, deletion, wrongful delivery, or failure to store any information, user communications, or personalization settings.

USER SCREENING

We do not screen users or verify information communicated through the Services. However, We reserve the right to monitor such information. We shall not be responsible for the conduct of such users, including the information posted by them. Contact us to notify any inappropriate or illegal conduct or content You encounter while using the Services.

YOUR REGISTRATION OBLIGATIONS

By using the Services, You agree to be legally bound to these Terms as if You had signed this Agreement and You are solely responsible for the content You enter into the Services. You further agree to (a) provide accurate, true, complete, and current information about yourself as requested by the Services’ registration form (the "Registration Data"); and (b) maintain and promptly update the Registration Data to keep it accurate, true, complete and current. If You provide any information, or if We have reasonable grounds to suspect that You provided information, that is fraudulent, untrue, inaccurate, not current, or incomplete, We shall have the right, in our sole discretion, to suspend or terminate your account without notice and refuse any and all current and/or future use of the Services, or any portion thereof, including immediate deactivation or deletion of your account and all related information and files in it, and bar You from any further access to such files or the Services. Furthermore, You acknowledge and agree that We shall not be liable to You or any third party for any termination of your access to your account or the Services.

You agree not to violate any law or regulation while using the Services whether intentionally or unintentionally. You agree not to interrupt or attempt to interrupt the operation of the Services in any way. Any conduct by You that, in our sole discretion, interferes, inhibits or restricts the ability of any other user to access and/or use the Services is prohibited. You may not include any content that contains any computer viruses, or any other code designed to disrupt, damage, or limit the functioning of any computer software or hardware.

You are strictly prohibited from communicating on or through the Services any unlawful, abusive, harmful, threatening, offensive, libelous, hateful, vulgar, obscene, harassing, defamatory, profane, sexually explicit, ethnically, racially, or otherwise objectionable material of any sort, including, but not limited to, any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law.

We reserve the right to suspend or terminate your use of (including any access to) the Services, or parts of it, without notice, if We believe, in our sole discretion, that You are using them in violation of these Terms, our requirements, or any applicable law, or it is harmful to our interests or the interests of another user or any other third party, including without limitation intellectual property rights.

By submitting or including content on the Services, You grant us the right to remove any content or comment that, in our sole discretion, does not comply with these Terms or is otherwise objectionable. You also grant us the right to modify, adapt, and edit any content.

MEMBER ACCOUNT; PASSWORD AND SECURITY

You hold the legal rights and responsibilities to us regarding these Terms and the information posted in the Services by You or any person authorized or not by You. If You create an account on behalf of a healthcare service provider, You acknowledge that you have the authority to do so, that You are binding the healthcare service provider and that such healthcare service provider will be the primary account holder. You may not impersonate any other person or entity while using the Services. The uploading, emailing, or otherwise making available any information contained in the Services to a third party is your sole responsibility. You are solely responsible for the content You enter into the Services and for all uses of your registration, whether or not authorized by You.

You must use a username and a password to protect your personal information while using the Services. However, We do not represent or warrant in any way that the password cannot be broken, and your personal information will not become available to third parties. You agree to immediately notify us of any unauthorized use of your registration or password. Unless otherwise authorized by Us, You agree not to share your member account, username, or password with anyone, including users whose accounts have been terminated by Meditab. If We discover that You are sharing your account, username, and/or password, with anyone We will immediately terminate your account and You shall not receive a refund for products or services purchased.

You agree that We may, but are not obligated to, take steps to verify your identity and credentials at any time and that We may use and disclose information, including confidential information, about You for such purposes. You agree that We may terminate your access to the Services at any time if we are unable to determine or verify your identity and/or credentials.

IMPORT AND EXPORT OF INFORMATION

The Services may allow You to import and/or export information to or from the Services. You represent and warrant that You have all necessary authorization for such data transfers and that such data transfers, and subsequently the use of such information, and other applicable federal and state law.

DATA RETENTION

If applicable, You are solely responsible for complying with all state and federal laws related to retention of medical data and records, patient access and amendment to information, and patient authorization to release data.

MEDICAL ADVICE DISCLAIMER

Any health-related content in the Services is for reference only and should not be used to determine treatment for specific medical conditions or as specific instructions for individual patients. It is not a substitute for proper medical advice, diagnosis, or treatment, and is not intended as a guide to self-medication. Using, accessing, and/or browsing the Services and/or providing personal or medical information through the Services does not create a physician-patient relationship between You and Meditab. Nothing contained in the Services is intended to create a physician-patient relationship, replace the services or be a substitute for the medical advice of a physician or healthcare professional licensed in your state. You should never disregard, avoid or delay obtaining medical advice from a licensed practitioner because of information made available through the Services. The Services and its health-related information and resources are not intended and must not be taken as the rendering of medical, nursing, or professional health care advice or services, or the practice of medicine, nursing, or professional health care in any jurisdiction. You should consult and discuss the information provided with a physician, pharmacist, nurse, or other appropriate licensed healthcare professionals before making any health-related decision. We urge You to check the product information (including package inserts) regarding dosage, precautions, warnings, interactions, and contraindications before administering or using any device, drug, herb, vitamin, or supplement. You hereby agree that You shall not make any health or medical-related decision based in whole or in part on anything contained in the Services.

You understand and agree that neither Meditab nor its affiliates, suppliers, or vendors are responsible for any claim, loss, or damage directly or indirectly resulting from your use of the Services or the information resources contained on or accessible through the Services.

You acknowledge and agree that Meditab may preserve information, including confidential information, and may also disclose it if required to do so by law or in good faith believes that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms; (c) respond to claims that any information violates the rights of third-parties; or (d) protect the rights, property, or personal safety of its employees, its users and the public.

THIRD-PARTY SERVICES

The Services may include certain third-party software and resources. Your use of such software or resources shall be at your own risk and may require that You enter into a separate subscription or licensing agreement with third-party vendors and suppliers. You agree to comply with and, upon request, execute such agreements as may be required for the use of such software or services.

COMPULSORY INFORMATION DISCLOSURE

You will promptly notify us of any order or demand for compulsory disclosure of health-related information if the disclosure requires access to or use of the Services. You will cooperate fully with us in connection with any such demand.

DISCLAIMER OF ALL WARRANTIES

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE USE OF THE SERVICES IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES AND ANY RESOURCE PROVIDED BY OR THROUGH THE SERVICES ARE PROVIDED "AS IS" AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND MEDITAB HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SERVICES AND ANY SERVICES, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY MEDITAB OR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY. MEDITAB MAKES NO WARRANTY THAT (I) THE SERVICES WILL OPERATE UNINTERRUPTED, TIMELY, SECURE, EFFICIENT, OR ERROR-FREE; (II), THE SERVICES WILL MEET YOUR REQUIREMENTS; (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF THE SERVICES, ANY PRODUCT, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. SHOULD THE SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

The content and information, including health-related information, in the Services may be changed at any time without notice and is not guaranteed to be complete, correct, timely, current, or up-to-date. Although Meditab reserves the right to correct any errors, omissions, or inaccuracies, to the maximum extent permitted under applicable law, Meditab undertakes no obligation to update any content and/or information on the Services; provided, however, Meditab may update, correct or delete the content and/or information at any time without notice in Meditab’s sole and absolute discretion.

LIMITATION OF LIABILITY

TO THE EXTENT NOT PROHIBITED BY LAW, BY USING THE SERVICES YOU AGREE TO ASSUME ALL RISKS ASSOCIATED WITH SUCH USE. YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT MEDITAB SHALL BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, DIRECT OR INDIRECT, CONSEQUENTIAL, PUNITIVE, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICES AND/OR THIRD PARTY SERVICES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF MEDITAB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH CASES SOME OF THESE LIMITATIONS MAY NOT APPLY TO YOU.

You assume all risks associated with dealing with third parties. We shall not be responsible for any disputes or disagreements between You and any third party, including any vendor, with whom You interact while using the Services. Furthermore, We shall also not be responsible for disputes or disagreements between a provider and any patient with or for whom the Services are provided. You agree to resolve disputes directly with the other party.

In no event, Meditab’s total liability to You for all damages (other than as may be required by applicable law in cases involving personal injury) shall exceed the amount of Ten Rupees (INR. 10.00 ). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

YOU ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THIS AGREEMENT AND THE SERVICES WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS.

INDEMNIFICATION

You agree to indemnify and hold Meditab harmless, and its subsidiaries, affiliates, officers, agents, partners, and employees from any and all claims or demands, including reasonable attorney's fees, made by any third party due to, but not limited to, the following: (1) any content posted or made available by You on the Services; (2) any violation of law that occurs by You through the Services; (3) your violation of these Terms; and/or (4) anything You do while using the Services and/or the information contained therein.

RESERVATION OF INTELLECTUAL PROPERTY RIGHTS

Subject to your compliance with these Terms, You are permitted by Meditab to use the Services in a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access, use, and display the Services solely for your personal, non-commercial use. The Services and any content therein, including without limitation designs, text, graphics, images, video, information, logos, button icons, software, audio files, data, source code, and computer codes are protected by respective intellectual property laws. Meditab hereby reserves any and all intellectual property rights in the Services. You must preserve all copyright, trademarks, service marks, and other proprietary notices contained in the Services. You agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Services, in whole or in part. Without our prior written permission, and except as solely enabled by any link as provided by us, You agree not to display or use in any manner Meditab’s logos and trademarks. Furthermore, You must preserve all copyright, trademarks, service marks, and other proprietary notices contained in the Services. You acknowledge that, in the event of any third party claim that the Services or your possession and use of the Services infringe that third party’s intellectual property rights, We will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.

We appreciate hearing from You and welcome your comments regarding the Services. Please be advised, however, that We do not accept or consider creative ideas, suggestions, inventions, or materials ("Creative Ideas") other than those which We have specifically requested. While We value your feedback on our services, please be specific in your comments and do not submit Creative Ideas. If despite this request, you send us Creative Ideas, We shall:

• Own, exclusively, all now known or later discovered rights to the Creative Ideas;
• Not be subject to any obligation of confidentiality and shall not be liable for any use or disclosure of any Creative Ideas; and
• Be entitled to unrestricted use of the Creative Ideas for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person.

LEGAL AGE

The Services are intended for persons of legal age (18 years of age or older or otherwise of legal age in your resident jurisdiction). We do not knowingly collect or ask for information from minors and We do not knowingly allow minors to use the Services. By accessing and using the Services and/or If You provide your information to us through the Services, You represent to us that You are of legal age in your state and are fully able and competent to agree and comply with these Terms.

SUSPENSION OR TERMINATION

This Agreement is effective until terminated by either party provided, however, that any provisions relating to confidentiality and intellectual property rights shall survive termination or expiration of this Agreement and will continue in full force and effect. Your rights under this Agreement will terminate automatically if You fail to comply with any of these Terms. If You are dissatisfied with the Services, its content, or any of the terms, conditions, and policies of this Agreement or if You no longer agree to be bound by this Agreement, You must immediately cease your use of the Services. You understand and agree that your sole and exclusive legal remedy, in this case, is to discontinue using the Services.

You agree that We may, in our sole discretion, suspend or terminate your password, account (or any part thereof) or use of the Services, and remove and discard any information within the Services, for any reason. We may also, in our sole discretion, and at any time discontinue providing the Services, or any part thereof, with or without notice. You agree that any termination of your access to the Services under any provision of this Agreement may occur without prior notice, and You acknowledge and agree that We may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Services. Further, You agree that We shall not be liable to You or any third-party for any termination of your access to the Services.

You are responsible for any claims, fees, fines, penalties, and other liability incurred by us or others caused by or arising out of your breach of these Terms and your use of the Services.

SEPARABILITY

If any provision of this Agreement is held to be invalid or unenforceable in whole or in part in any jurisdiction, You and We nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Agreement will remain in full force and effect.

GOVERNING LAW, CONSENT TO JURISDICTION AND LIMITATION ON CLAIMS

This Agreement and your use of the Services, along with the information contained therein, shall be governed by, and construed in accordance with the laws of the India without regard to conflict of laws that would lead to the Services of any other laws.

You agree to submit to the jurisdiction of the state and federal courts of the India, located in Ahmedabad, Gujarat and that such courts shall have exclusive jurisdiction, including in personam jurisdiction.

You further agree that any claims or causes of action arising out of or related to this Agreement and the use of the Services, along with the information contained therein, shall be filed within one (1) year after such claim or cause of action arose, otherwise such a claim or cause of action shall be forever barred.

ENTIRE AGREEMENT

You hereby acknowledge that this Agreement represents the entire understanding between You and Meditab concerning your use of the Services and the information contained therein. These Terms do not modify or supersede any agreement between You and Meditab that does not substantially concern or relate to your access to and use of the Services, including the terms of any master agreement or license agreement.

WAIVER

The failure of Meditab to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.

NOTIFICATIONS

You agree that We may communicate with You electronically. We may also provide notices of changes to the Terms or other matters by displaying notices or links to notices to You while using the Services. By registering in the Services, You agree that We may send You emails and other communications periodically regarding information specific to Meditab or other related opportunities We may provide. At any time, You may remove yourself from Meditab’s mailing list by clicking the opt-out link located at the bottom of each email we send.

GOOGLE TERMS OF USE AND PRIVACY POLICY

The Services includes Google features and content that are subject to the then-current versions of the: (1) Google Terms of Service at https://policies.google.com/terms?hl=en; and (2) Google Privacy Policy at https://www.google.com/policies/privacy/.

QUESTIONS

If You have any suggestions, comments, and/or questions about the Services and/or these Terms, please contact us at 219/A, Kalasagar Mall, Sattadhar Cross Road Ghatlodiya, Near Sai Baba Temple, Ahmedabad, Gujarat 380061, India.

This End User License Agreement (this “Agreement”) is entered into by and between Meditab Services, LLC (the “Application Provider”) and “You”, the individual user of the “Licensed Application”. Access to, use of, and/or browsing of the Licensed Application is provided subject to the terms and conditions set forth herein. The Licensed Application is licensed, not sold, to you.

BY CLICKING THE "AGREE" BUTTON, YOU (A) ACKNOWLEDGE THAT YOU HAVE CAREFULLY READ AND UNDERSTAND THE ENTIRE TERMS AND CONDITIONS OF THIS AGREEMENT; (B) REPRESENT THAT YOU ARE 18 YEARS OF AGE OR OLDER/OF LEGAL AGE TO ENTER INTO A BINDING AGREEMENT; (C) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS; AND (D) THAT YOUR ACCEPTANCE TO FOLLOW AND BE BOUND BY THESE TERMS AND CONDITIONS IS VOLUNTARY AND IS NOT THE RESULT OF FRAUD, DURESS OR UNDUE INFLUENCE EXERCISED UPON YOU BY ANY PERSON OR ENTITY. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT DOWNLOAD, INSTALL, ACCESS, USE AND/OR BROWSE THE LICENSED APPLICATION AND DELETE IT FROM YOUR MOBILE DEVICE.

This Agreement is given by and between the Application Provider and You only, and not with Apple, Google, or their respective subsidiaries. As such, the Application Provider is solely responsible for the Licensed Application and the content thereof, and not Apple, Google, or their respective subsidiaries.

LICENSE GRANT

The license granted to You for this Licensed Application is a limited, non-exclusive, and non transferable license to:

• download, install, and use the Licensed Application for your personal, non-commercial use on a single mobile device owned or otherwise controlled by you ("Mobile Device") strictly in accordance with the Usage Rules set forth in the Terms of Service of the Apple App Store, Google Play Store, or any other platform via which the Application Provider makes the Software available; and
• access, stream, upload, download, and use on such Mobile Device the content and services made available in or otherwise accessible through the Application, strictly in accordance with this Agreement and the Terms of Use and Privacy Policy located at TERMS OF USE and  PRIVACY POLICY, which are incorporated herein by this reference. Any violation of such Terms of Use will also be deemed a violation of this Agreement.

LICENSE RESTRICTIONS

You shall not:

• copy the Licensed Application, except as expressly permitted by this Agreement;
• modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the Licensed Application;
• reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Licensed Application or any part thereof;
• remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Licensed Application, including any copy thereof;
• rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Licensed Application, or any features or functionality of the Licensed Application, to any third party for any reason, including by making the Licensed Application available on a network where it is capable of being accessed by more than one device at any time;
• remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Licensed Application;
• use the Licensed Application in, or in association with, the design, construction, maintenance, or operation of any hazardous environments or systems, including any power generation systems; aircraft navigation or communication systems, air traffic control systems, or any other transport management systems; safety-critical applications, including medical or life-support systems, vehicle operation applications or any police, fire, or other safety response systems; and military or aerospace applications, weapons systems, or environments.

RESERVATION OF RIGHTS

The Licensed Application is protected by the Indian copyright laws. You acknowledge and agree that the Licensed Application is provided under license, and not sold, to You. You do not acquire any ownership interest in the Licensed Application under this Agreement, or any other rights thereto other than to use the Licensed Application in accordance with the license granted, and subject to all terms, conditions, and restrictions, under this Agreement. Application Provider and its licensors and service providers reserve and shall retain any and all right, title, and interest in and to the Application, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in this Agreement. You and the Application Provider acknowledge that, in the event of any third party claim that the Licensed Application or Your possession and use of the Licensed Application infringe that third party’s intellectual property rights, the Application Provider, not Apple, Google, or their respective subsidiaries, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.

COLLECTION AND USE OF YOUR INFORMATION

You acknowledge that when You download, install, or use the Licensed Application, Application Provider may use automatic means (including, for example, cookies and web beacons) to collect information about your Mobile Device and about your use of the Licensed Application. You also may be required to provide certain information about yourself as a condition to downloading, installing, or using the Licensed Application or certain of its features or functionality, and the Licensed Application may provide you with opportunities to share information about yourself with others. All information we collect through or in connection with this Licensed Application is subject to our Privacy Policy. By downloading, installing, using, and providing information to or through this Licensed Application, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy. Additionally, You agree that the information collected by the Application Provider might be used to facilitate the provision of software updates, product support, and other services to You (if any) related to the Licensed Application. The Application Provider may use this information, as long as it is in a form that does not personally identify You, to improve its products or to provide services or technologies to You.

ADVICE DISCLAIMER

You hereby acknowledge that nothing contained in the Licensed Application shall constitute professional advice of any nature and that no professional relationship of any kind is created between You and the Application Provider. You hereby agree that You shall not make any decision based in whole or in part on anything contained in the Licensed Application.

INFORMATION DISCLAIMER

The opinions expressed in the Licensed Application are not necessarily the opinions of the Application Provider and do not necessarily reflect the opinions of its affiliates, agents, creators, or licensors.

The Information in the Licensed Application may be changed without notice and is not guaranteed to be complete, correct, timely, current, or up-to-date. Similar to any printed materials, the Information may become out-of-date. The Application Provider undertakes no obligation to update any information on the Licensed Application; provided, however, that the Application Provider may update the Information at any time without notice in the Application Provider’s sole and absolute discretion. The Application Provider reserves the right to make alterations or deletions to the Information at any time without notice.

Furthermore, You and the Application Provider acknowledge that Apple, Google, or their respective affiliates and subsidiaries, have no obligation whatsoever to furnish any maintenance and support services with respect to the Licensed Application.

GEOGRAPHIC RESTRICTIONS

The content and services are based in the Indian Territory and provided for access and use only by persons located in the India. You acknowledge that you may not be able to access all or some of the content and services outside of the India and its territories and that access thereto may not be legal by certain persons or in certain countries. If You access the content and services from outside the India, You are responsible for compliance with local laws.

POSTING GUIDELINES

The Licensed Application provides for the use of a password for You to protect your information including medical information. However, the Application Provider does not represent or warrant that the password cannot be broken, and your personal information becomes available to third parties. The uploading, emailing, or otherwise making available any information contained in the Licensed Application to a third party is Your sole responsibility.

You are responsible for the content You enter into the Licensed Application. You may not impersonate any other person through the use of the Licensed Application. You may not use the Licensed Application to distribute content or information that is obscene, defamatory, threatening, fraudulent, invasive of another person’s privacy rights, or is otherwise unlawful. You may not include content that infringes the intellectual property rights of any other person or entity. You may not include any content that contains any computer viruses, or any other code designed to disrupt, damage, or limit the functioning of any computer software or hardware.

By submitting or including content on the Licensed Application, You grant the Application Provider and any company substantially under the control of the Application Provider, the right to remove any content or comment that, in the Application Provider’s sole judgment, does not comply with the terms and conditions of this Agreement or is otherwise objectionable. You also grant the Application Provider and any company substantially under the control of the Application Provider the right to modify, adapt, and edit any content.

Updates

Application Provider may from time to time in its sole discretion develop and provide Licensed Application updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, "Updates"). Updates may also modify or delete in their entirety certain features and functionality. You agree that Application Provider has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your Mobile Device settings, when your Mobile Device is connected to the internet either:

• the Application will automatically download and install all available Updates; or
• you may receive notice of or be prompted to download and install available Updates.

You shall promptly download and install all Updates and acknowledge and agree that the Licensed Application or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the Licensed Application and be subject to all terms and conditions of this Agreement.

THIRD-PARTY MATERIALS

The Licensed Application may display, include, or make available third-party content (including data, information, applications, and other products, services, and/or materials) or provide links to third-party websites or services, including through third-party advertising ("Third-Party Materials"). You acknowledge and agree that Application Provider is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Application Provider does not assume and will not have any liability or responsibility to You or any other person or entity for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to You, and You access and use them entirely at your own risk and subject to such third parties' terms and conditions.

THIRD PARTY BENEFICIARY

You and the Application Provider acknowledge and agree that Apple, Google, or their respective subsidiaries, are third party beneficiaries of the End User License Agreement (EULA), and that upon Your acceptance of the terms and conditions of the EULA, Apple, Google, or their respective subsidiaries will have the right (and will be deemed to have accepted the right) to enforce the EULA against You as a third-party beneficiary thereof.

TERM AND TERMINATION

• The term of this Agreement commences when You download the Licensed Application and acknowledge your acceptance to the Agreement and will continue in effect until terminated by You or Application Provider as set forth herein.
• You may terminate this Agreement by deleting the Licensed Application and all copies thereof from your Mobile Device.
• Application Provider may terminate this Agreement at any time without notice if it ceases to support the Licensed Application, which Application Provider may do in its sole discretion. In addition, this Agreement will terminate immediately and automatically without any notice if You violate any of the terms and conditions of this Agreement.
• Upon termination:
• all rights granted to You under this Agreement will also terminate; and
• You must cease all use of the Licensed Application and delete all copies of the Licensed Application from your Mobile Device and account.
• Termination will not limit any of Application Provider's rights or remedies at law or in equity.

DISCLAIMER OF ALL WARRANTIES

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE USE OF THE LICENSED APPLICATION IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED APPLICATION AND ANY SERVICES PERFORMED OR PROVIDED BY THE LICENSED APPLICATION TO YOU ARE PROVIDED "AS IS" AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND THE APPLICATION PROVIDER, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED APPLICATION AND ANY SERVICES, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NONINFRINGEMENT OF THIRD-PARTY RIGHTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY THE APPLICATION PROVIDER OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. WITHOUT LIMITATION TO THE FOREGOING, APPLICATION PROVIDER PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, IN THAT CASE, SOME OR ALL OF THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE APPLICATION PROVIDER OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, SHALL HAVE ANY LIABILITY TO YOU ARISING, FOR PROPERTY OR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF GOODWILL, BUSINESS INTERRUPTION, MOBILE DEVICE FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) WHETHER SUCH DAMAGES WERE FORESEEABLE OR IF APPLICATION PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY, IN THAT CASE, SOME OR ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. In no event shall Application Provider’s total liability to You for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of Ten Rupees (INR. 10.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose. 

PRODUCT CLAIMS

You and the Application Provider acknowledge that the Application Provider, not Apple, Google, or their respective subsidiaries, is responsible for addressing any claims You or any third party may have relating to the Licensed Application, or your possession and/or use of the Licensed Application, including but not limited to: (i) product liability claims; (ii) any claim that the Licensed Application fails to conforms to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

AGE RESTRICTION

The Licensed Application is intended for persons eighteen (18) years or older. Persons under the age of eighteen (18) should not access, use and/or browse the Licensed Application. By accessing and using the Licensed Application You acknowledge that You are at least eighteen (18) years old.

INDEMNIFICATION

You agree to indemnify and hold the Application Provider harmless from any claim or demand, including attorneys’ fees, made by any third party as a result of (1) any content posted or made available by You on this Licensed Application, (2) any violation of law that occurs by You through the Licensed Application, and/or (3) anything You do while using the Licensed Application and/or the Information contained therein.

SEVERABILITY

If any provision of this Agreement is held to be invalid or unenforceable in whole or in part in any jurisdiction, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this Agreement will continue in full force and effect

GOVERNING LAW, CONSENT TO JURISDICTION AND LIMITATION ON CLAIMS

This Agreement and your use of the Licensed Application, along with the Information contained therein, shall be governed by, and construed in accordance with the laws of the India without regard to conflict of laws principles, and You agree to submit to the jurisdiction of courts in Ahmedabad, Gujarat. You further agree that any claims or causes of action arising out of or related to this Agreement and the Licensed Application, along with the Information contained therein, shall be filed within one (1) year after such claim or cause of action arose, or such claim or cause of action shall be forever barred. 

LEGAL COMPLIANCE

The Licensed Application may be subject to Indian laws, and its associated regulations. You shall comply with all applicable federal laws, regulations, and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing, or otherwise making the Licensed Application available outside India. You also agree that You will not use these products for any purposes prohibited by the Indian law, including, without limitation, the development, design, manufacture, or production of nuclear, chemical or biological weapons.

ENTIRE AGREEMENT

You hereby acknowledge that this Agreement represents the entire understanding between You and the Application Provider concerning your use of the Licensed Application and the Information contained therein.

MODIFICATION

The Application Provider may, in the Application Provider’s sole and absolute discretion, modify the terms and conditions of this Agreement in whole or in part at any time for any reason without any notice to You, whether prior or otherwise. Such modified terms and conditions shall supersede these terms and conditions and shall become binding when published on the Licensed Application.

WAIVER

The Application Provider’s failure to exercise or enforce any right or provision of this Agreement shall not be deemed to be a waiver of such right or provision.

THE LICENSED APPLICATION AND THE INFORMATION CONTAINED THEREIN IS MADE AVAILABLE BY THE APPLICATION PROVIDER FOR EDUCATIONAL PURPOSES ONLY AND IS NOT INTENDED TO PROVIDE MEDICAL ADVICE. BY ACCESSING THE LICENSED APPLICATION, YOU UNDERSTAND AND ACKNOWLEDGE THAT THERE IS NO PHYSICIAN-PATIENT RELATIONSHIP BETWEEN YOU AND THE APPLICATION PROVIDER. YOU FURTHER ACKNOWLEDGE YOUR UNDERSTANDING THAT THE LICENSED APPLICATION SHOULD NOT BE USED AS A SUBSTITUTE FOR COMPETENT MEDICAL ADVICE FROM A LICENSED PHYSICIAN IN YOUR STATE.

THE LICENSED APPLICATION SHOULD NEVER BE USED FOR URGENT MATTERS. THE TURNAROUND TIME FOR A RESPONSE TO ELECTRONIC MESSAGES VARIES DEPENDING ON PHYSICIAN OR OTHER HEALTH CARE PROVIDER’S AVAILABILITY. THEREFORE, FOR ALL URGENT MEDICAL MATTERS, PLEASE CONTACT YOUR PHYSICIAN’S OFFICE BY PHONE, GO TO AN EMERGENCY ROOM, OR DIAL 911. ALL COMMUNICATIONS BETWEEN YOU AND THE APPLICATION PROVIDER USING THE LICENSED APPLICATION OCCUR OVER A SECURE CONNECTION. YOU WILL RECEIVE INTERNET E-MAIL MESSAGES NOTIFYING YOU THAT NEW INFORMATION IS AVAILABLE IN YOUR ACCOUNT. THESE E-MAIL MESSAGES, HOWEVER, WILL NOT CONTAIN ANY CONFIDENTIAL MEDICAL INFORMATION.